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The person asking to reopen the case must do so within 90 days of the dismissal. Approved as to form.This packet is for a person who is requesting to remove the Judgment of Dismissal or an. Order for Default from their case. 1) Set aside a Dismissal and Reopen the case, or. 2) Give you a Rehearing, or. If your case was dismissed "with prejudice," you must first file a motion to have the dismissal vacated. A motion to vacate must be filed within a reasonable time after the judgment was issued. You can file a motion to revise or vacate (cancel) the judgment in writing within 30 days after the date of the judgment. Agreed Motion to Set Aside Dismissal and Reinstate Case.